R.Gowtham Aiyappan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.09.2025 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.No.36344 of 2025 R.Gowtham Aiyappan ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
2.The Deputy Commissioner, Hindu Religious and Charitable Endowment, Arulmigu Kottai Mariamman Temple Campus, Salem - 636 001.
3.The Joint Commissioner, Hindu Religious and Charitable Endowment, Arulmigu Kottai Mariamman Temple Campus, Salem - 636 001.
4.The Executive Officer, Hindu Religious and Charitable Endowment, Arulmighu Ayyanarappan Thirukoil, Page No.1 of 6
5.The Fit Person, Arulmigu Ayyanarappan Thirukoil, 6.A.Radhakrishnan ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus, to direct the 3rd respondent to dispose the application in O.A.No.1 of 2024 dated 17.04.2023 on the file of 3rd respondent within a time bound. For Petitioner : Mr.K.Prabakaran For Respondents : Mr.K.Karthikeyan Government Advocate (HR & CE) [R1 to R5] Notice dispensed with [R6] *****
ORDER
This Writ Petition has been filed by the petitioner seeking for a Writ of Mandamus, to direct the 3rd respondent to dispose the application in O.A.No.1 of 2024 dated 17.04.2023 on the file of 3rd respondent within a time bound.
2. Since no adverse order has been passed against the 6th respondent, notice to the 6th respondent is dispensed with. Page No.2 of 6
3. Mr.K.Karthikeyan, learned Government Advocate, accepts notice on behalf of the respondents 1 to 5. In view of the consent expressed by the parties, this writ petition is taken up for final disposal at the stage of admission itself.
4. The case of the petitioner is that, his ancestors maintained the temples viz., Arulmighu Ayyanarappan, Arulmighu Sevanthiamman and Arulmighu Veerappansamy Temples nearly for six generations. Initially, the petitioner's grandfather was declared as the hereditary trustee and after his demise, the petitioner's father was declared as the hereditary trustee. After the demise of the petitioner's father, the petitioner had filed an application in O.A.No.1 of 2024 u/s 63(b) of the Hindu Religious and Charitable Endowment Act before the 3rd respondent seeking to declare him as the hereditary trustee. Since the said application was kept pending without any progress, the petitioner has filed this writ petition before this Court for appropriate orders.
5. Though very many grounds have been raised in this writ petition, learned counsel for the petitioner submitted that, it would suffice, if this Court, issues a direction to the 3rd respondent to dispose Page No.3 of 6
the Original Application in O.A.No.1 of 2024 on merits and in accordance with law, within a time frame that may be stipulated by this Court.
6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the case, directs the 3rd respondent to hear the original application in O.A.No.1 of 2024 and dispose of the same, on merits and in accordance with law, within a period of three (3) months from the date of receipt of a copy of this order, after affording an opportunity of personal hearing to the petitioner and aggrieved persons, if any.
7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 01.09.2025 Index : Yes / No Speaking order / Non-speaking order sp Page No.4 of 6
To 1.The Commissioner, Hindu Religious and Charitable Endowments, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.
2.The Deputy Commissioner, Hindu Religious and Charitable Endowment, Arulmigu Kottai Mariamman Temple Campus, Salem - 636 001.
3.The Joint Commissioner, Hindu Religious and Charitable Endowment, Arulmigu Kottai Mariamman Temple Campus, Salem - 636 001.
4.The Executive Officer, Hindu Religious and Charitable Endowment, Arulmighu Ayyanarappan Thirukoil, 5.The Fit Person, Arulmigu Ayyanarappan Thirukoil, Page No.5 of 6
M.DHANDAPANI, J.
sp 01.09.2025 Page No.6 of 6